. \ o 0 1 BEFORE THE TEACHER STANDARDS AND PRACTICES COMMISSION 2 OF THE STATE OF OREGON 3 In the Matter of the ) STIPULATION OF FACTS AND 4 Teaching License of ) FINAL ORDER OF SUSPENSION g ROBERT RUSSEL J ESSOP ) AND PROBATION 7 On or about January 31, 2011, the Teacher Standards and Practices Commission 8 (Commission) received a report from Medford School District indicating that Robert 9 J essop (J essop) was suspected of using marijuana on school property during the 1 0 workday. 1 1 J essop fully cooperated with the Commissions investigation in this matter. After 12 _ review of the matters alleged, J essop and the Commission agree that their respective 13 interests, together with the public interest, are best served by a stipulation to certain 14 facts, the imposition of a six-month suspension followed by a four (4) year probation. 1 5 16 By signing below, J essop acknowledges, understands, stipulates, and agrees to 17 the following: (i) he has been fully advised of his rights to notice and a hearing to contest 18 the findings of fact, conclusions of law, and order set forth below, and fully and finally 19 waives all such rights and any rights to appeal or otherwise challenge this Stipulation of 20 Facts and Final Order of Suspension (Stipulation and Final Order); (ii) this Stipulation 21 and Final Order is a public document and disclosed to the public upon request by the 22 Commission; (iii) this Stipulation and Final Order is contingent upon and subject to 23 approval and adoption by the Commission. If the Commission does not approve and 24 adopt this Stipulation and Final Order, then neither J essop nor the Commission are 25 bound by the terms herein; (iv) he has fully read this Stipulation and Final Order, and 26 understands it completely; (v) he voluntarily, without any force or duress, enters into 27 this Stipulation and Final Order and consents to issuance and entry of the Stipulated 28 Final Order below; (vi) he states that no promise or representation has been made to 29 induce him to sign this Stipulation and Final Order; and (vii) he has consulted with an 3O attorney regarding this Stipulation and Final Order and has been fully advised with 31 regard to his rights thereto, or waives any and all rights t0 consult with an attorney prior 32 to entering into this Stipulation and Final Order and issuance and entry of the Stipulated 33 Final Order below. J essop understands that the probation will be subject to specific 34 terms and conditions. 35 / / / Page 1 STIPULATION OF FACTS AND ORDER OF SUSPENSION- JESSOP, ROBERT RUSSEL 3, , o 0 1 STIPULATION OF FACTS 2 1. The Commission has licensed Robert Russell J essop since March 23, 1994. 3 J essop’s current Standard Teaching License with an endorsement in Basic Social 4 Studies, and Standard Elementary, issued 0n May 18, 2010, expires on May 17, 5 2015. During all relevant times J essop was employed by the Medford School 6 District as a full time teacher until February 15, 2011. 7 2. At Medford, Mr. Jessop coached the Brain Bowl from 1999-2011, served 0n the 8 SITE Committee from approximately 1996 to 2002, served as Social Science 9 Department chair for approximately two years, served as a curriculum team 10 leader from about 2002 to 2011 and worked as facilitator of the Positive Behavior 1 1 and Intervention Support committee from 2006 to 2011. He also worked as a 12 Master Teacher to five different student teachers. 13 3. J essop is a long term (17 year) educator who has no previous disciplinary issues 14 with TSPC or the Medford School District. J essop is considered an esteemed 15 educator, and is widely regarded as a gifted teacher. 16 4. On January 4 and January 5, 2011, the district alleged that J essop smoked 17 marijuana in a faculty bathroom inside McLoughlin Middle School, in the 18 Medford School District. J essop took a drug test at the request of the district, 19 which returned a positive result for marijuana. 20 5. Per district orders that he provide a statement under threat of termination, 21 J essop admitted smoking marijuana up to 10 occasions in the faculty bathroom 22 and retrieved the marijuana from his vehicle located in the faculty parking lot. 23 J essop was not found to have distributed, displayed or shared marijuana with any 24 parent, student or coworker. 25 6. J essop underwent an entry evaluation with Addiction Recovery Center in 26 February 2011 and successfully completed the three-month rehabilitation 27 recommended by the evaluator. A 28 7. J essop continues to attend Alcoholics Anonymous meetings and a Marijuana 29 Anonymous meeting group he started in Southern Oregon. 30 IT IS SO " P/ LATE’ 31 l I’ A I IZ3OZ I'l 32 R0 "i" ussellJe up , Date 33 1 4 / __ _ 34 ‘ J”? l/J/u M M 35 ictori t ' ' . .- n : lain, - xecutive Director Date 36 Teacher andards and Practices Commission Page 2 STIPULATION OF FACTS AND ORDER OF SUSPENSION— JESSOP, ROBERT RUSSEL ‘ O O I 1 / / / 2 CONCLUSION OF LAW 3 On January 4, and January 5, 2011, Jessop smoked marijuana in a faculty 4 bathroom inside McLoughlin Middle School, in the Medford School District. The 5 marijuana was retrieved from J essop’s vehicle which was parked on school grounds. 6 J essop was asked to take a drug test on January 5, 2011, which returned a positive result 7 for marijuana. This conduct constitutes gross neglect of duty in violation of ORS . 8 342.175(1)(b); OAR 584-020-oo4o(4)(n) as it incorporates OAR 584-020-00 10(5) (Use 9 professional judgment); OAR 584-020-0040(4)(g) (Appearing on duty or at any 10 district-sponsored activity while under the influence of alcohol or any controlled 1 1 substance). This conduct also constitutes gross unfitness in violation of ORS 12 342.175(1)c); OAR 584-020-0040(5)(e) (Admission of or engaging in acts constituting 13 criminal conduct, even in the absence of a conviction), specifically, OAR 584-020- 14 0040(1)(yy) (ORS 475.864(4) -- Possession of less than 1 ounce of marijuana within 15 1,000 feet of school). 16 Initially, J essop was not honest with school officials. When confronted by school 17 administrators regarding this behavior J essop denied engaging in such conduct. In 18 subsequent interviews with the district J essop admitted using marijuana on school 19 grounds, and estimated that you had done so no more than ten times. This conduct 20 constitutes gross neglect of duty in violation of ORS 342.175(1)(b); OAR 584-020- 21 oo4o(4)(n) as it incorporates OAR 584-020-001o(5) (Use professional judgment); and 22 OAR 584-02o-oo4o(4)(c) (Knowing falsification of any document or knowing 23 misrepresentation directly related to licensure, employment, or professional duties). 24 The Commission’s authority to impose discipline in this matter is based upon 25 ORS 342.175. 26 / / / Page 3 STIPULATION OF FACTS AND ORDER OF SUSPENSION- JESSOP, ROBERT RUSSEL ’ . 1 ORDER 2 The Commission hereby adopts and incorporates herein the above findings of fact, 3 conclusions of law, and based thereon hereby imposes a six-month suspension upon 4 J essop’s Standard Teaching License as follows: 5 Robert Russell J essop’s Standard Teaching license is hereby suspended for six 6 months following the adoption of this order. 7 Furthermore, the Commission imposes a four (4) year probation upon J essop to 8 commence the date of adoption of this order and subject to the following terms 9 and conditions of probation: 10 1. At the end of his suspension period, J essop will submit documentation that 1 1 he completed all treatment recommended by the Addiction Recovery Center. 12 2. J essop shall, upon request, submit a negative urine sample as a condition of 13 reinstatement of his license. 14 3. J essop shall comply with the Standards for Competent and Ethical 15 Performance of Oregon Educators under Oregon Administrative Rules 16 Chapter 584, Division 020. 17 Violation of any term or condition of probation shall constitute an independent basis for 18 the Commission to revoke J essop’s teaching license or otherwise impose discipline, after 19 first providing J essop with notice and opportunity for hearing 20 I l / th/ 21 Issued and dated this 2 day of February, 2012. 22 TEACHER STANDARDS AND PRACTICES COMMISSION 23 STATE OF 0 ‘- GON _ 24 w ,r '/ / 25 By _711n/Z/ “4.11/1. L 1,. ./. 1, 26 ictoria Ch . inbe a (utive Director ‘ Page 4 STIPULATION OF FACTS AND ORDER OF SUSPENSION- JESSOP, ROBERT RUSSEL